Appearances — Appeals
71. (1) Unless the Court, a judge or the Registrar otherwise orders or directs,
(a) no more than two counsel for each appellant or respondent and one counsel for each intervener shall present oral argument on an appeal; and
(b) no more than one counsel for each appellant shall have the right of a reply.
(2) Respondents and interveners do not have the right of reply unless the Court or a judge otherwise orders.
(3) A respondent or an intervener who fails to serve and file their factum within the time set out in Rule 36 or 37, or in an order of the Court, a judge or the Registrar, as the case may be, shall not present oral argument on the appeal unless a judge, on motion, otherwise orders.
(4) The name of counsel appearing before the Court shall be given in writing to the Registrar at least two weeks before the appeal is to be heard.
(5) Unless the Court, a judge or the Registrar otherwise orders or directs,
(a) the appellant or all of the appellants, as the case may be, shall limit their oral argument to one hour in total, and their reply to five minutes, but when the appellant or all of the appellants do not use the entire hour for principal argument, up to a maximum of 15 additional minutes may be taken for reply;
(b) the respondent or all of the respondents, as the case may be, shall limit their oral argument to one hour in total; and
(c) an attorney general referred to in subrule 61(4) shall limit their oral argument to 10 minutes.
(d) [Repealed, SOR/2006-203, s. 36]
(6) If a judge or the Registrar directs that a motion related to an appeal must be heard by the Court on the day of the hearing of the appeal, the time allotted under subrule (5) to the party who made the motion shall be reduced accordingly unless the Court, a judge or the Registrar otherwise orders.
(7) All counsel appearing before the Court shall be robed.
- SOR/2006-203, s. 36;
- SOR/2011-74, s. 32.
Failure to Appear
72. If any party fails to appear on the day and at the time fixed for the hearing, the Court may hear the party or parties present and may dispose of the proceeding without hearing the party so failing to appear, or may postpone the hearing on such terms, including the payment of costs, as the Court considers appropriate.
RECONSIDERATIONS AND RE-HEARINGS
Reconsideration of Application for Leave to Appeal
73. (1) There shall be no reconsideration of an application for leave to appeal unless there are exceedingly rare circumstances in the case that warrant consideration by the Court.
(2) A motion for reconsideration must be served on all parties and the original and five copies filed with the Registrar within 30 days after the judgment on the application for leave to appeal.
(3) The motion for reconsideration shall be bound and consist of the following, in the following order:
(a) a notice of motion for reconsideration in Form 47, with any modifications that the circumstances may require;
(b) an affidavit setting out the exceedingly rare circumstances in the case that warrant consideration by the Court and an explanation of why the issue was not previously raised;
(c) any new documents that the party intends to rely on; and
(d) a statement of argument not exceeding 10 pages.
(4) A motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required in paragraph 3(b), shall not be submitted to the Court.
(5) A respondent may respond to a motion for reconsideration within 10 days after its acceptance for filing by serving on all other parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding 10 pages.
(6) Within 10 days after the service of the response, the applicant may reply by serving on all parties and filing with the Registrar the original and five copies of a memorandum of argument not exceeding five pages.
- SOR/2006-203, s. 37;
- SOR/2011-74, s. 33.
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